The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-12-04
A COURT OF FORTY-NINERS
How Justice Was Quietly Dealt Out in
California in the Early Days.
A Settlement Of Hoosier Miners Who Tried
Murderous RObber in the Night and
then Hanged Him to Pine Tree.

Speaking of lynching," said forty miner to
Journal reporter the other day, reminds me
of one that occurred in California in 1852, that
several Indiana people took part in. There was
quite a settlement of HOLSTERS at little place
called Louisville, in Eldorado county. Capt A.
o. Porter, halfbrother of Governor Porter,
running garden there; Capt George
Dunn, who commanded company in the Third
Indiana Regiment-Col. Jim Lanes command
in the Mexican war. was running miners sup
ply store: Jason G. Ludlow of this city, had a
carpenter-shop; Frank hewitt, William H. Reed,
Doc Ross Dine Mason. and lot of others well
known in the southeastern part of the State,
were located there in the immediate vicinity
The middle fork Of American river ran three or
four miles north OF Greenwood valley, in which
Louisville was located, and it there were
several bars that were being worked by miners.
Among other miners there WAS a Pennsylvania
named Henry Miller, who had saved up seven
or eight hundred dollars, and used to carry it
about his person This became known to
number Of men about the camp, and one OF
them, an East-shore Marylander named Jonah
Beardsley, formed a plan to rob him. L
have heard traditional story that the East
shoreman lives SO exclusively on herring that
the bones project through his skim and he can
not pull his shirt off over his head, but has to
slip his arms out. let the shirt fall and step out
of it, like woman. / don't know how that is,
but Beardsley was rough customer He
told Miller that he had discovered some rich
placer ground and induced him to go to see it.
claiming that it lay a ridge west OF the
river, in the direction of Coloma. It was usual
for prospectors to carry arms, and Beardsley
took a shotgun. When they had got we'll up on
the ridge. and out of hearing of the placers
ing effect in the neck and lower part of the head,
robbed him. and started for Sacramento. supposing
his victim was dead. AZ ter time Miller re.
gained consciousness He bandaged his wound
well be could with his handkerchief, and
partly walking, partly crawling. he made his
way down the ridge until he came across party
of prospectors. His mouth and throat were so
torn by the buckshot that he could not speak,
but he wrote brief statement of what had hap
pened on a scrap of paper. The men carried
him down to Louisville and took him to Squire
Crane. who acted justice of the peace at
that place. Miller made out affidavit of the
facts. and the Squire issued a warrant for
Beardsley's arrest The constable, Nose Nc
Bride. overlook Beardsley, and soon had him at
Louisville.
s'The news flaw like wild fire, and miners
from all the region round began pouring into
the town to see that justice was done. It
the general sentiment that the proceedings ought
to be formal and regular possible. and there
fore court was organized Captain Dunn was
made presiding judge, and John Bloom and
James Brady were elected associate justices.
They were both large. portly men, and both had
served as justices of the peace, Bloom in central
Illinois, and Brady at Hannibal, Mo. A clerk
was appointed, and jury impaneled, Nose
Mcbride acting sheriff. Attorneys for prose-
cuton and defense appointed also, the
defendants counsel being John Banks, a witty
Virginian genius, who always said that he
belonged to the second families of Virginia.
It was a solemn court, tell you out in the
open air, in the night, with a couple of candles
On the barrel that served for the judges bar.
and the remainder Of the light furnished by
fire of pinon wood. There must have been
three four hundred miners sitting and stand
ing about. and all through the proceedings they
Tense was that the shooting was accidental, and
after 1t happened he was badly frightened and
started to run away, but remembering the mon
ey he concluded he had better take it and leave
the country before he should be suspected of
numbering Miller, because he had witness to
show that the shooting not Intentional
His lawyer did the best he could for him. but
the jury did not believe the story and they
brought in a verdict of guilty, and recommend
ed hanging.
Then there was break of applause when
the verdict was announced. and calls for the
judges to pass sentence. They consulted to-
eether for a few minutes and then Capt. Dunn
got up and said that they would fix the sentence
by vote; everyone had heard the testimony and
all should take part in the action. He then
asked for all in favor of hanging to say AYE"
and there was unanimous roar in response
No negative votes we're given. A rope WAS
brought quickly. Mcbride fixed a moose over
Beardsleys neck and threw the other end over
the limb of a pine tree. A hundred hands caught
it aud hoisted him up to his death, ard it wasn't
long coming, either for he was pretty well
played out with fright. Miller got well after
wards, and returned home in safety with his
little store of gold"